In the following Terms and Conditions: “Business” shall mean Photography by Vivienne Guy “Client(s)” shall mean “You” the Parties to the Contract; “Event” shall mean the Event title inserted into the Contract; “Photographer(s)” shall mean Photography by Vivienne Guy “Products” shall mean any usb, albums or other items listed in the Contract; “Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract; It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking/Session Fee. The Parties acknowledge that the Booking/Session Fee is non-refundable or transferable in the event of cancellation by the Client.
License and Coverage
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute. For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances. Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever. The Photographer retains the copyright to the images, however the images provided on USB or via digital download are licensed to the Client to print and share as they see fit and in perpetuity. The client must not edit, retouch or manipulate the images. The photographer will select the best images from all images taken in the shoot and professionally edit them, only the resulting images will be made available to you on the gallery and this is the photographers discretion only
Use and Display of Images
The Client(s) hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected or online galleries are not available to the general public in the normal course of events.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Where images are made available for use on a USB, reasonable steps are taken to ensure compatibility, but you acknowledge that usbs may not play on all USB ports including those within computers. Only quality USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Once payment for product orders are placed no refund of payment can be made to the client. No images can be changed.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times. All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s).
The Parent/Legal Guardian or for clients aged 18 years and over, Photography by Vivienne Guy is explicitly granted and as are his/her assignees and licensees the absolute right and permission to use, publish or sell the photograph(s) from my session in which my child/ward or myself as the client (the Model) is included, for promotional purposes, online or in print. I understand that I do not own the copyright of the photograph(s). I certify that I am over 18 years of age and that I have the full legal right to execute this agreement.
For sessions where an individual is used as a model or a professional model is used and no fee is paid by the said model consent is given, Photography by Vivienne Guy is explicitly granted and as are his/her assignees and licensees the absolute right and permission to use, publish or sell the photograph(s) from my session in which my child/ward or myself as the client (the Model) is included, for promotional purposes, online or in print. I understand that I do not own the copyright of the photograph(s). I certify that I am over 18 years of age and that I have the full legal right to execute this agreement. Where a model withdraws consent for use of the photographs in publishing selling or use of the photographs a fee and minimum product fee will become payable by the model.
Mini Shoots/Free prints or images
Where a booking/session fee includes prints or digital images , the images will be selected by the photographer.
If you are more than 15 minutes late for an appointment or session the appointment/session will be deemed as cancelled and no refunds will be available. You must contact Photography by Vivienne Guy at your earliest convenience to inform them of your delay. It is at the company’s discretion whether to cancel the session for lateness of more than 15 minutes or to rearrange.
For outside, location based shoots, if weather conditions prevent the shot an alternative date will be agreed by both parties for within 3 months of the original shoot date.
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Photography by Vivienne Guy reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. All images on www.forevergreenphotography.co.uk website are the property of Photography by Vivienne Guy, Mickering Court, 80 Mickering Lane, Aughton, Lancashire L39 6SR.
Low resolution photographs on the web site and the blog are for demonstration of the photographer’s work only. We respectfully remind you that it is contrary to this Act to copy or allow to be copied photographically, electronically or by any other means any photograph without the express permission of Photography by Vivienne Guy. Likewise, the photographs may not be in any way modified and no derivative work may be made from the images without the permission of Photography by Vivienne Guy.
Website Display & Promotional Usage
The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Photography by Vivienne Guy employees. All the information is correct at the time of being published on the web site. Photography by Vivienne Guy retains the right to change any information on the web site without notice.
Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
Deposits and wedding deposits are required to secure your date. Additional photographic services or products shall be paid for in full at time of ordering and is non-refundable. If the client is unable to attend due to illness or emergency Photography by Vivienne Guy will try and reschedule providing 48 hours notice has been given. Negatives and digital files from a photo shoot remain the property of the Photographer. For the avoidance of doubt all copyright in the images are owned absolutely by the Photographer within the provision of the Copyright, Design and Patents Act 1988.
Deposits are non refundable should you be unable to attend or cancel your appointment unless agreed with the owner in advance of the session.
Prints and merchandise are required to be collected from the studio due to the fragile nature of the products or the value of their content.
In the event that you do need to postpone your photo shoot, we require 48 hours notice or a cancellation charge, equivalent to your photo session booking fee, may apply. Photography by Vivienne Guy will always try to accommodate changing schedules and will be happy to refund or postpone any portrait shoot if cancelled or rescheduled within the 14 day notice period. For Cake smashes cancelled within 72 hours of the session the fee of £35 will be payable to cover the cost of the cake production. Because of bespoke and customised nature of our photographic products (prints, photo books, albums, frames etc), after the photographic product order has been placed, it cannot be cancelled.
Return and Refunds Policy
Once the photographic products have been checked, collected and signed for, no returns will be accepted nor will any refunds be done by Photography by Vivienne Guy. In case of delivery of photographic products to the client by post, any complaints regarding an issue with photographic products such as manufacturer’s fault/defect, shall be sent to Photography by Vivienne Guy in writing within 14 days of receipt of the products, along with the faulty photographic products. Photography by Vivienne Guy will rectify the problem and endeavour to supply the photographic product to the client as soon as possible. After the 14 day period no returns on photographic products will be accepted and no refunds will be made by Photography by Vivienne Guy. Any damage to prints once in the client’s care is the responsibility of the client.
Photography by Vivienne Guy is confident, that the service we offer to all of our customers will be of high standard and that your gallery supplied will be very satisfactory. However, should you wish to lodge a complaint, then this must be submitted via e-mail within 28 days from receiving the gallery. Please email: email@example.com. On receipt of your e-mailed complaint we will then investigate and respond within 7 working days (unless the office is closed for holidays at which time it will be dealt with within 7 days of return). Please note, that any complaint received later than the 28 days, cannot be accepted. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums: Public Liability: Limit of indemnity – £1,000,000 Professional Indemnity: Limit of indemnity – £1,000,000 The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential loss.
Prices & Terms
Pricing is subject to change at any time. If prices do change, there will be a 30 day period from the client’s viewing date whereby the client will be entitled to prices at time of booking. For competitions the prices and offers are time limited.
Alterations and additional Editing
Editing is carried out with professional expertise. The photographers artistic expertise in post production editing is final. Any specific requests (marks, lines etc.) must be communicated either BEFORE or DURING the photoshoot. Additional edit requests will be undertaken at a cost of £15 per edit per image.
Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s, USBs etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with Antivirus software before dispatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
Use of client cameras in the studio
It is strictly prohibited for clients to use cameras in the studio, this includes mobile phone cameras.
Photography by Vivienne Guy Mickering Court, 80 Mickering Lane, Aughton, L39 6SR Tel: +44 (0) 74198 37081